View all cases
UPC CoA 328/2025
Apr 7, 2025·EP3504990: VAPORIZATION DEVICE SYSTEMS AND METHODS
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- RespondentsReps: Bernhard Thum (Thum & Partner / Thum, Mötsch, Weickert Patentanwälte PartG mbB); (Bardehle Pagenberg)
- Division
- Court of Appeal
- Technology
- Electric Techniques
- Language
- English
- First decided
- Jan 9, 2026
Decisions
- 2026-01-09WithdrawnWithdrawalWithdrawal (RoP265)
The Court of Appeal permitted Juul Labs International, Inc. to withdraw its appeal (UPC_CoA_328/2025) against the Central Division Paris revocation decision (UPC_CFI_314/2023), following the EPO Boards of Appeal dismissal of Juul Labs' parallel EPO opposition appeal on 14 November 2025. The appeal was permitted to be withdrawn without NJOY's consent as NJOY had no legitimate interest in the appeal being decided. Court fees were reimbursed under the pre-1 January 2026 rate of 60% (as the original action was filed before 31 December 2025). The headnote clarifies that the amended R.370.9(b) RoP (50% reimbursement) only applies to actions filed after 31 December 2025.
Legal issues:Withdrawal of appeal under R.265 RoPReimbursement of court fees under R.370.9(b) RoPTransitional application of amended court fee rulesEffect of EPO appeal dismissal on UPC proceedings
Documents
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2026-01-16 | Not public |
| action.issueDecision.decision | 2026-01-12 | Not public |
| Final Order | 2026-01-12 | Public |
| Cover sheet | 2025-12-11 | Not public |
| Other document Respondent | 2025-12-11 | Not public |
| Receipt | 2025-12-11 | Not public |
| action.issueOrder.order | 2025-12-04 | Not public |
| Order | 2025-12-04 | Public |
| Cover sheet | 2025-12-01 | Not public |
| Other document Appellant | 2025-12-01 | Not public |
| Receipt | 2025-12-01 | Not public |
| action.issueOrder.order | 2025-11-25 | Not public |
| Order | 2025-11-25 | Public |
| Cover sheet | 2025-11-20 | Not public |
| Other document Respondent | 2025-11-20 | Not public |
| Other document Respondent | 2025-11-20 | Not public |
| Receipt | 2025-11-20 | Not public |
| Receipt | 2025-05-08 | Not public |
| NJOY Correction concerning Patent number | 2025-05-08 | Not public |
| Headnote-and-Keywords | 2025-05-05 | Not public |
| Outcome of the Order | 2025-05-05 | Not public |
| Stay of proceedings | 2025-05-05 | Public |
| Comments on stay of proceedings | 2025-04-25 | Not public |
| Consulting the other party about the request for stay | 2025-04-25 | Not public |
| Receipt | 2025-04-24 | Not public |
| Panel-Appointment | 2025-04-24 | Not public |
| Receipt | 2025-04-24 | Not public |
| Acknowledgement-of-lodging | 2025-04-24 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-04-24 | Not public |
| APL_16780_2025 - UPC_CoA_328_2025 - EP 990 - Application for stay of proceedings_TuP_signed | 2025-04-22 | Not public |
| Exhibit TP-17 - Summons of EPO BoA for 14 November 2025 | 2025-04-22 | Not public |
| Exhibit TP-16 - Communication of EPO BoA regarding acceleration of appeal proceedings | 2025-04-22 | Not public |
| EP 990 - Response to Formal Request for Correction_TuP_signed | 2025-04-22 | Not public |
| Statement of Appeal | 2025-04-22 | Not public |
| Statement of Appeal | 2025-04-22 | Not public |
| EP 990 - Response to Formal Request for Correction_TuP_signed | 2025-04-22 | Not public |
| Exhibit TP-15 - Payment receipt for Court fee for appeal | 2025-04-22 | Not public |
| Formal-checks_Request-for-correction | 2025-04-14 | Not public |
| Acknowledgement-of-lodging | 2025-04-07 | Not public |
| Statement of Appeal | 2025-04-07 | Not public |